Article 19 of the Saudi Arbitration Law

المادة 19 من نظام التحكيم · الباب الثالث: هيئة التحكيم

The article requires a replacement arbitrator to be appointed when an arbitrator's task ends for any reason, by the same procedures followed in choosing the original arbitrator.

Official text (Arabic)

This article has not been amended since the law was issued.

إذا انتهت مهمة المحكم بوفاته، أو بردّه، أو عزلـه، أو تنحّيه، أو عجزه، أو لأي سبب آخر، وجب تعيين بديل له طبقا للإجراءات التي اتبعت في اختيار المحكم الذي انتهت مهمته.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 19 explained in plain English

An arbitrator's task may end before the arbitration is finished, and this article lists the causes:

Death.
Challenge.
Removal.
Withdrawal.
Incapacity.
Any other reason.

The rule: in all these cases a replacement for the arbitrator must be appointed, according to the procedures followed in choosing the arbitrator whose task ended. If the original arbitrator was appointed by one of the parties, the replacement is appointed in the same way, and if he was chosen in another way, what was followed in choosing him is followed for the replacement.

The practical benefit: this rule prevents the arbitration from stopping altogether because of the absence of one of the arbitrators, and preserves the balance the parties agreed on when forming the tribunal.

The article comes after Article 18, which regulates removing an arbitrator, whether by decision of the competent court in cases of inability, interruption or unjustified delay, or by agreement of the parties. It is followed by Article 20, which provides that the arbitral tribunal itself decides pleas concerning its lack of jurisdiction.

If the task of one of the arbitrators in your dispute has ended, you can consult a lawyer specialized in arbitration and commercial cases to make sure the replacement procedures are sound.

Practical example

In an arbitration between two companies in Riyadh, each company appointed an arbitrator and the two arbitrators agreed on the chairman. The arbitrator appointed by the first company then died. Under this article, the first company appoints a replacement arbitrator in the same way the deceased arbitrator was appointed.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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